New Delhi: The Kerala High Court on Thursday suspended life sentences and granted bail to Father Thomas Kottur and Sister Sefi, who were earlier convicted in the 1992 murder of Sister Abhaya in Kottayam.
Both the accused have been sentenced to life imprisonment December 2020 He was found guilty of the murder of sister Abhaya by the special CBI court in Thiruvananthapuram.
Justice K. A division bench of Justice Vinod Chandran and Justice C. Jayachandran on Thursday held that on the basis of prima facie examination of the evidence, the accused are not guilty of the offence.
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Sister Abhaya Murder Case
Sister Abhaya was found dead in a well at St. Pius Convent in Kottayam district of Kerala on March 27, 1992. The local police and the state crime branch had at the time called it a case of suicide.
But a year later, the CBI took over the case when Sister Banikasia, Mother Superior, and 67 other nuns from the Kannaya Catholic Church, of which Abhaya was a part, took over. wrote The then Chief Minister K Karunakaran claimed that the investigation was not done properly.
Almost 17 years later, in 2009, the CBI in its charge sheet stated that the deceased had apparently seen Sister Sefi, Father Kottur and the third accused, Father Jose Poothrikayil, in compromising position.
Father Kottur is believed to have strangled Abhaya to silence her while Sister Sefi killed her with an axe.
In December 2020, the special CBI court confirmed the finding and held that Sister Sefi and Father Kottur had inflicted fatal blows on the victim’s head, leading to her death. The agency also found that they had thrown his body into the well to make it look like suicide. Father Puthrikayil was acquitted in 2018 for lack of evidence.
A special CBI court had sentenced Sister Sefi and Father Kottur to life imprisonment and a fine of Rs 5 lakh each for the offense of murder, besides fine under other sections of the IPC.
Challenging the order of the special court, the accused later appealed to the Kerala High Court seeking adjournment of the sentence till the final hearing.
High Court Comments
The Kerala High Court on Thursday said there were serious discrepancies in the statements of prosecution witnesses.
It discussed in detail the evidence of an Adaka Raju, a thief and key witness in the case, who claimed to have seen father Kottur on the fateful night. The court said it was highly improbable that Raju had seen the accused “in deep darkness” from the neighboring property while the accused were on the fifth floor of the building where the crime allegedly took place.
It also pointed to the lack of a ‘trial identification parade’ and an inordinate delay of nearly 15 years in recording Raju’s statement.
The Trial Identification Parade is a test for witnesses who claim to have seen criminals at the time of the crime. The eyewitness is required to identify the accused by placing him in a “parade” with other persons without any assistance or source.
Further, two doctors had given statements before the HC that Sister Sefi had admitted to having sex with her relative. The court said that it has no significance in the case. “A3 (Sister Sefi) is not on trial for her loose morals or character defects,” the court said.
The appellate court also cast doubt on the veracity of the testimony of other doctors who had offered different explanations for the injuries on the victim’s body.
‘Don’t be scared, don’t be afraid’
The High Court bench also took note of the history of the case, the public outrage and the media scrutiny it generated.
“The instant case generated much public outrage and the initial presumption of suicide and repeated requests by the investigating agencies to close the case as untraceable led to a frenzy that put the authorities, men and institutions in the dock. Gave; Often in extended media trials,” the court said.
It was observed that the court was “intimidated” by the fact that the accused were members of the Church, and not intimidated by public outcry.
Considering the facts and circumstances of the case, he suspended the sentence and granted bail to the accused on execution of bail bond.
The case of father Kottur and sister Sefi
Arguing for Father Kottur, Senior Advocate B. Raman Pillai explained the prosecution’s allegation that the three accused had jointly committed the crime. Pillai said that when the third accused is acquitted, the prosecution cannot be conducted successfully.
Advocate Pillai also pointed out discrepancies in the alleged weapon used for the crime. “It is reported that in the earlier investigation, though an ax was recovered from the premises; The allegedly offensive weapon, was later changed to ‘cacodali’ (or ‘hand ax’),” he said.
He further alleged that these weapons were neither confiscated nor recovered from the crime scene, despite a doctor’s argument that he had seen a hand axe.
Father Kottur’s counsel further alleged that the accused, found under “suspicious circumstances”, was later modified to “indulge in sex” to “incite public censure”.
Senior advocate P Vijayabhanu, appearing for Sister Sefi, also argued that the accused should be granted bail from the court. He submitted that the accused had not abused his liberty or tampered with the evidence before his conviction.
Vijaybhanu also said that the accused would suffer “grave prejudice” and “irreparable harm” if bail was not granted.
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